Conflicts of Interest

Here's an interesting conflict situation from San Mateo County, CA. According to an article in yesterday's Almanac, prosecutors are investigating the selection by two school boards of a project architect for construction projects at the same time that the project architect was remodeling the house of a district official.

I want to revisit a situation I mentioned a few days ago in a post about ethics reform.

Imagine that you're a county supervisor with a $92,000 salary and, despite the salary, you're allowed to hold an outside job (because the county supervisors before you gave you, and themselves, this opportunity). With a sizeable salary, there would appear to be no reason to work in any field that would create an appearance of impropriety.

University of Maryland Law School professor Deborah Hellman recently put the draft of her law review article, "Defining Corruption and Constitutionalizing Democracy" (forth. Mich. L. Rev (Vol. 111)), on SSRN. The core argument of her paper is that defining legislative corruption requires a theory of the legislator's role in a democracy. Hellman sets out three such theories, and I add a fourth.

Here's an interesting conflict situation out of Forsyth County, Georgia. According to an article in the Forsyth News, a county commissioner owns a company that buys county water and sells it to county residents who used to have wells. The company owns the infrastructure that supplies water to four subdivisions in the county. It is one of several companies that do this. The companies are charged the flat commercial water rate, rather than residential rates that increase with use.

Here's an interesting conflict question. According to an article in the Tewksbury Patch this week, a special town meeting in Tewksbury, MA will soon vote on whether to go to referendum on the question of replacing the town meeting with a council.

An excellent article on the front page of last Sunday's New York Times looks at a proposal by the federal Office of Governmental Ethics (OGE) to limit two exceptions to the prohibition on accepting gifts from lobbyists:  the "widely-attended gathering" (WAG) exception and the "social invitations" exception.

It's amazing the lengths people will go to when they are accused of bribery. Take Zehy Jereis, a former Yonkers, NY party chair who gave nearly $175,000 to a Yonkers council member, and is being accused of doing this in order to get her to make a pivotal vote in favor of his client's controversial mall, according to an article in yesterday's New York Times.

Newspapers aren't called the fourth estate for nothing. But in cities these days, they are more like the third estate, more important, that is, than the clergy. In fact, their investigations and editorials can bring down mayors, council presidents, even parties.

Local dailies may be losing money hand over fist, and weeklies, online papers, and blogs have taken away some of their power, but the dailies still have more power with respect to politicians and policies than anyone else.

As I near the end of writing my local government ethics book, I am going over local government ethics codes looking for unusual, but valuable provisions to include in a special section that follows my discussion of the run-of-the-mill provisions.

I would like to share one of these provisions that is truly worth thinking about. It appears in the Windsor, CO ethics code: